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For The Republic Of Latvia, The Republic Of Estonia And The Republic Of Lithuania, The Republic Of The Treaty On The Non-Tariff Barriers To Trade And Its Memorandum Of Understanding

Original Language Title: Par Latvijas Republikas, Igaunijas Republikas un Lietuvas Republikas līgumu par ārpustarifu barjeru atcelšanu tirdzniecībā un tā saprašanās memorandu

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The Saeima has adopted and the President promulgated the following laws: the Republic of Latvia, the Republic of Estonia and the Republic of Lithuania, the Republic of the Treaty on the non-tariff barriers to trade and thus article 1 of the memorandum of understanding. 1997, November 20 in Riga signed the Republic of Latvia, the Republic of Estonia and the Republic of Lithuania, the Republic of the Treaty on the non-tariff barriers to trade (hereinafter referred to as the Treaty) and the memorandum of understanding (hereinafter referred to as the memorandum) by this law are accepted and approved. 2. article. The law shall enter into force on the date of its promulgation. To put the contract in law and memorandum, Latvian and English. 3. article. The agreement and the memorandum shall enter into force the Treaty article 23 and for the period specified in the order, and shall notify the Ministry of Foreign Affairs Gazette "journal". The law adopted in 1998 the Saeima on 1 April. The President g. Ulmanis in Riga in 1998 on April 16, the Republic of Latvia, the Republic of Estonia and the Republic of Lithuania, the Republic of the Treaty on the non-tariff barriers to trade in the preamble of the Republic of Latvia, the Republic of Estonia and the Republic of Lithuania (hereinafter referred to as the "Contracting Parties"), noting that the Contracting Parties recognize that their ultimate goal is to become a European Union Member States; considering that the Contracting Parties recognize the need to improve regional cooperation among themselves, and, given the tight integration between the European Union and the Contracting Parties as well as between the Contracting Parties, should take place in parallel; Recognizing that the removal of restrictive conditions for trade between the Contracting Parties require coordinated action to ensure the steady expansion of trade and fair competition; Desiring to ensure that technical regulations and standards, including packaging, marking and labelling requirements of technical regulations and standards and conformity assessment procedures do not create unnecessary conditions for trade between the Contracting Parties; Desiring to ensure that sanitary and phytosanitary measures do not create disguised trade restrictions; Desiring to strengthen their economy and to guarantee its harmonious development by reducing the differences existing between the various regions and the backwardness of the less important regions; referring to the 13 September 1993 signed in the Republic of Estonia, the Republic of Latvia and Republic of Lithuania agreement on free trade and 16 June 1996 signed in the Republic of Estonia, the Republic of Latvia and Republic of Lithuania agreement on free trade in agricultural products (hereinafter referred to as "contracts"); anticipating developing and deepening the Baltic free trade area through the Elimination of all restrictive conditions, free movement of goods between Contracting Parties; taking into account the willingness of the parties to become world trade organization Member States; This is agreed as follows: chapter I General provisions article 1 the purpose of the Treaty, the purpose of this agreement is: 1. Abolish the non-tariff barriers to trade between the Contracting Parties; 2. Developing and deepening the commercial free zone between the Contracting Parties. Article 2 the scope of the agreement this Agreement shall apply to the production of the Parties contained in the harmonized goods and services classification and coding system 1.-97. group. Article 3 definition of non-tariff barriers — all the activities relating to technical barriers to trade and sanitary and phytosanitary measures which may be enforced by the State or State authorities authorized decisions, legislation, local authority decisions, any public body, after the Administrative Court declared injunctions or prohibitions and regulations, k o declared its professional bodies that may hinder trade between the Contracting Parties, directly or indirectly, , actual or potential. Sanitary and phytosanitary measures — any measures that are applied: a) to protect animal or plant life or health within the territory of the Contracting Parties of the risk caused by pests, diseases, disease vector organisms or disease-causing organisms, highlighting fetches or spread; (b)) in order to protect human or animal life or health within the territory of the Contracting Parties of the risk arising from additives, contaminants, toxins or disease-causing organisms in food, beverages or feedstuffs; (c)) in order to protect human life or health within the territory of the Contracting Parties of the risk posed by the disease, which is carried by animals, plants or products, or the introduction of pests, removal or spreading; or (d)) to prevent or limit other damage within the territory of the Contracting Parties arising from the introduction of the pest, removal or spread. These measures include all relevant laws, decrees, regulations, requirements and procedures including inter alia end product criteria; processes and production methods; testing and inspection, certification and approval procedures; quarantine regulations, including the requirements that are associated with the transport of animals or plants, or with the materials necessary for their survival during transport; conditions relating to the relevant statistical methods, sampling procedures and methods, and risk assessment methods; and packaging and labelling requirements directly related to food security. Harmonisation implies the application of sanitary and phytosanitary measures and technical development, recognition and application of the Contracting Parties. Technical provisions, the document, which lays down the requirements for products or related processes and production methods, including the effect the existing administrative provisions, the observance of which is compulsory. Technical rules may include or relate only to the terminology, symbols, packaging, marking and labelling requirements, as they apply to a product, process or production method. Standard: a document approved by a recognized standardization body for common and repeated use, and which contains the product or the process and production methods, rules, guidelines or characteristics, compliance with which is not compulsory. Standards may include or relate to terminology, symbols, packaging, marking and labelling requirements, as it relates to a product, process or production method. Conformity assessment procedure: any action that apply directly or indirectly to determine compliance with technical regulations or standards requirements. Article 4 exceptions to the rules of this agreement does not preclude imports, exports or goods in transit to prevent or limit that is based on supporting such goals as national security requirements; misleading actions; the protection of human health or safety; animal or plant life or health or the environment. However, such prohibitions or restrictions must not constitute a means of arbitrary discrimination or a disguised restriction on trade between the Contracting Parties. Article 5 non-tariff barriers 1. All existing non-tariff barriers to trade that are not compatible with the terms of this agreement, and which is in force between the Contracting Parties, this agreement enters into force, should be repealed. 2. After the entry into force of the agreement, the Contracting Parties shall not introduce new non-tariff barriers to trade, which is contrary to the terms of this agreement. Article 6 application of national rules and the basis of mutual recognition 1. If the goods are lawfully manufactured and marketed in one of the Contracting Parties in accordance with international and European standards and the rules of the European Union, the trade of the other Contracting Party shall not be prohibited by law, and these goods without limits is to be put into circulation in another Contracting Party, except in the cases referred to in article 4 of this agreement. 2. in cases where any of the Contracting Parties, the national rules are more restrictive than those determined by international and European standards and rules of the European Union, the free movement of goods, barriers (for name, form, size, weight, content, presentation, labelling, packaging, etc.) resulting from the application of such rules to products originating in the other Contracting Party, and which are lawfully manufactured and marketed, are considered to be non-tariff barriers which this agreement prohibited. 3. If, between international or European standards and European regulations harmonised legislation is missing, or where the national requirements are more restrictive, then the Contracting Parties between them after a single procedure should create the equivalence mechanism for the various requirements of the goods. The Joint Committee is responsible for the approval of equivalency. 4. the Contracting Parties should recognize the manufacturer's declarations of conformity testing and certification authority approvals, issued and acts according to the relevant European and international standards which are issued by European and international organization for standardization body s. 5. The Contracting Parties recognize national accreditation systems that operate in other Contracting Parties According to the European standard EN 45000 series. Chapter II the sanitary and phytosanitary measures article 7 General provisions This agreement applies to all sanitary and phytosanitary measures which directly or indirectly affect trade between the Contracting Parties. Such measures should be developed and applied in accordance with the terms of this agreement. Article 8 rights and obligations of the Contracting Parties shall have the right to apply to the sanitary and phytosanitary measures, which are necessary for the protection of human, animal or plant life or health, provided that such measures are not inconsistent with the terms of this agreement. The Contracting Parties shall ensure that any sanitary or phytosanitary measures are applied to the extent necessary to protect human, animal or plant life or health, and that they are based on scientific principles and are not used without sufficient scientific justification, except article 11 paragraph 7 in certain cases. The Contracting Parties shall ensure that their sanitary and phytosanitary measures do not arbitrarily or unjustifiably discriminate between the Contracting Parties, which are identical or equivalent to set conditions, including eliminating discrimination between its territory and the territory of the other Contracting Parties. Sanitary and phytosanitary measures shall not be applied in a manner that would be disguised restriction on international trade. 9. Article Harmonizāc if 1. to harmonise the sanitary and phytosanitary measures on the widest possible basis, the parties in developing their sanitary and phytosanitary measures, should be guided by international standards, guidelines and recommendations established by the relevant international organizations, including the Codex Alimentarius Commission, the International Office of Epizootics, the relevant international and regional organisations that work in the International Plant Protection Convention and the rules of their childhood e guidelines or recommendations,; and by European standards, where they exist, except as otherwise provided in this Treaty, in particular in paragraph 3 of this article. 2. Sanitary or phytosanitary measures which conform to international standards, guidelines or recommendations, which have been established by the relevant international organizations, including the Codex Alimentarius Commission, the International Office of Epizootics, the international and regional organisations, which acting plant protection Convention and the European Union, are regarded as necessary to protect human, animal or plant life or health, and it is assumed that they are in accordance with the terms of this agreement and the GATT 1994.3. Contracting Parties may introduce or maintain sanitary and phytosanitary measures, which results in higher levels of sanitary or phytosanitary protection than would be achieved by measures based on the relevant international standards, guidelines or recommendations, which are set in m concerned international organizations, including the Codex Alimentarius Commission, the International Office of Epizootics, the relevant international and regional organizations operating in the field of plant protection Convention and the European Union If there is a scientific justification, or a sanitary or phytosanitary protection, which one of the Contracting Parties shall determine to be appropriate in accordance with article 12, paragraph 1-8. Despite the above, all do u mi, which results in a sanitary or phytosanitary protection different from that which would be achieved by measures based on the relevant international standards, guidelines or recommendations, which have been established by the relevant international organizations, including the Codex Alimentarius Commission, the International Office of Epizootics, the international and regional organisations, which acting plant protection Convention and the European Union must not conflict with any other terms of this agreement. 4. The Contracting Parties, within the limits of the resources must be fully involved in the relevant international organisations and their subordinate institutions, in particular the Codex Alimentarius Commission, the International Office of Epizootics, and the international and regional organisations that work in the International Plant Protection Convention, to promote within these organisations, guidelines and standards for the development of recommendations and periodic review, taking into account all sanitary and phytosanitary measures. Article 10 equivalence 1. Contracting Parties have to accept the other Contracting Parties of the sanitary or phytosanitary measures as equivalent, even if these measures differ from their own contracting parties existing measures or those used by other Contracting Parties, which deal with the same product, if the exporting Party objectively demonstrates to the importing contracting party that its measure meets the importing contracting parties stipulated sanitary or phytosanitary protection level. For this purpose, the importer shall, upon request, the contracting party must strike a reasonable approach to carry out the inspection, testing and other relevant procedures. 2. upon request, the contracting parties must engage in consultations in the Joint Committee, with the aim of agreeing on contracts which equivalent sanitary and phytosanitary measures. Article 11 Risk assessment and appropriate level of sanitary or phytosanitary protection level determination 1. Contracting Parties shall ensure that their sanitary or phytosanitary measures which are specific to the circumstances, are based on the risk assessment of human, animal or plant life or health, taking into account risk assessment techniques developed by the relevant international organizations. 2. Risk assessment of Contracting Parties take into account the valid scientific rationale; relevant processes and production methods; in the sampling, inspection and testing methods; specific disease or pest domination; the existence of such areas that are free from pests or diseases; the ecological and environmental conditions; and quarantine or other processing. 3. In assessing the risk to animal or plant life or health and determining the measure applicable to ensure that appropriate sanitary or phytosanitary protection from such risk, Contracting Parties as essential economic factors must be taken into account in the possible loss of production or sales of pest or disease introduction or spread of the origin; control or destruction costs the territory of the importing contracting party; and the estimated costs of hedging effectiveness alternative m approaches. 4. the application of sanitary or phytosanitary protection, the contracting parties must take into account the objective of mitigating the adverse effects on trade. 5. With a view to achieving consistency, guided by the concept of application of sanitary or phytosanitary protection against risks to human life or health, or to animal and plant life and health, each Party shall avoid arbitrary or unjustifiable distinctions in the levels of requirements, if such differences in discrimination or a disguised restriction to trade between the Baltic countries. 6. Without prejudice to paragraph 2 of article 9, parties, creating or maintaining sanitary or phytosanitary measures, in order to ensure application of sanitary or phytosanitary protection, taking into account technical and economic feasibility, is to ensure that such measures are not more trade restrictive than necessary to achieve the parties in the application of sanitary or phytosanitary protection. 7. in cases where relevant scientific evidence is insufficient, a Contracting Party may adopt a provisional sanitary or phytosanitary measures on the basis of available relevant information, including information from relevant international organizations, as well as information on sanitary and phytosanitary measures, used by other Contracting Parties. In such cases, Contracting Parties must try to obtain additional information necessary for a more objective assessment of risk and the application of sanitary and phytosanitary measures for review within a reasonable time period. 8. when a Contracting Party has a reasonable belief that a specific sanitary or phytosanitary measures which have been introduced or maintained by another Contracting Party, is restrictive or restrictive in its export potential, and the measure is not based on the relevant international standards, guidelines or recommendations, or such standards, guidelines or recommendations do not exist, a Contracting Party may require an explanation for such a measure in sanitary or health reasons, and the Contracting Party applying this measure, an explanation should be provided. Article 12 application of sanitary and phytosanitary measures and the transparency of the notification procedure 1. Contracting Parties are required to report changes in their sanitary or phytosanitary measures in at least one a month before their introduction and must provide information on their sanitary and phytosanitary measures in accordance with this article. 2. the Contracting Parties shall ensure that all sanitary and phytosanitary measures adopted rules are published immediately, to enable interested parties to become acquainted with them. 3. except in exceptional circumstances, the Contracting Parties from the moment it is published in the sanitary and phytosanitary rules and until its entry into force, must allow reasonable time to the exporting contracting party give manufacturers time to adapt their products and production methods of the importing contracting party. 4. Each Contracting Party shall ensure that there is one request, who is responsible for the provision of answers to all eligible parties concerned issues, as well as the provision of documents for: 4.1 any sanitary or phytosanitary regulations adopted or proposed within its territory; 4.2. any control and inspection procedures, production and quarantine regulations, the permissible level of pesticides and food additives authorised operating in its territory; 4.3. the factors which are taken into account with respect to risk assessment procedures, as well as according to the established sanitary and phytosanitary protection levels; 4.4. the point locations. 5. the Contracting Parties should adopt such reasonable measures so that they are able to provide that, if the other Contracting Parties or interested party to another Contracting Party in accordance with the terms of this agreement please copy, they are supplied at the same price (if one exists) as the representative of the Contracting Party concerned. 6. If there is no international standard, guideline or recommendation, or proposed sanitary or phytosanitary regulation is not the substance of the content of the same, what is the international standard, guideline or recommendation, and if the contents of the regulation may have a significant effect on trade of other Contracting Parties, the Contracting Parties: 6.1. for at least two months before the destined for adoption publish notices in the initial stage, in order to enable interested parties to become acquainted with the proposal to introduce some of the relevant provisions; 6.2. with the point of mediation is to be notified to the other Contracting Parties of the products to be covered by this provision, together with a brief explanation of the purpose and the proposed regulations. Such notifications shall take place at the initial stage, still has amendments can still be introduced and comments be taken into account; 6.3. upon request of the other Contracting Parties to provide copies of the proposed rules with, and, when possible, to identify sections that are essentially different from the international standards, guidelines or recommendations; 6.4. without discrimination, give to the other Contracting Parties a reasonable time for the preparation of written comments, on request, discuss the comments and take the comments and the results of the discussions; 6.5. If the discussion result is not taken into account, other Contracting Parties may appeal to the Joint Committee. 7. However, if the Contracting Party arise or threaten to arise in emergency health problems, that Contracting Party shall consider the necessity, may be omitted in paragraph 5 of this article means, provided that the Contracting Party: 7.1. with the point of the mediation must be immediately notified to the other Contracting Parties about certain rules and products to which this Regulation applies, the provisions of the short and considerations, including , indicating the exceptional nature of the problem (s); 7.2. upon request, the copy of the rules should be provided for other Contracting Parties; 7.3. to permit other Contracting Parties to make comments in writing, discuss these on request comments and take into account the comments and the results of the discussions. 8. the points statements provide the World Trade Organization sanitary and phytosanitary measures in the notice provided for in the agreement in the form of the English language. Chapter III technical barriers of trade article 13 General provisions 1. General standardisation and conformity assessment procedure terms usually must have the meaning they have for the United Nations system adopted definitions and international standardisation bodies, considering the context, objectives and purposes under this agreement. 2. any reference in this agreement to technical regulations, standards, methods, which ensure compliance with technical regulations or standards and certification system should be structured in such a way that they include all corrections and additions to the rules and discipline of the products to which they apply, except for minor corrections and additions. Article 14 technical regulations and standards 1. Contracting Parties shall ensure that technical regulations and standards are not prepared, adopted or applied with a view to create barriers to trade. Further, with respect to technical regulations and standards, goods which have been imported from the territory of either Contracting Party, shall be granted a status that is not less favourable than that accorded like domestic goods and the like goods originating in any other party. 2. where it is necessary for the technical regulations or standards, and relevant international standards exist or their completion is imminent, the Contracting Parties used them or on the basis of the relevant parts of the technical regulations or standards, except then, the prescribed time explaining, when such international standards or relevant parts are inappropriate for the interested parties, inter alia, such reasons as national security requirements; misleading actions delay; the protection of human health or safety, animal or plant life or health or the environment; fundamental climatic or geographical factors; fundamental technological problems. 3. the Contracting Parties are required to clarify the technical regulations and standards in terms of performance, rather than design or description characteristics. 4. the Contracting Parties shall ensure that their national standardization bodies comply with the World Trade Organization agreement on technical barriers to trade standards for the preparation, adoption and application of codes of good practice. 5. the Contracting Parties are to be notified of changes to the technical regulations and standards at least 1 (one) month prior to their implementation and to provide information on the technical rules and standards according to the requirements of this article. 6. Where there are no relevant international standard or technical regulation proposed technical content does not comply with the technical content of relevant international standards, and if the technical regulation may have a significant effect on trade of other Contracting Parties, the Contracting Parties: 6.1. for at least two months before the adoption of provisions which proposes to introduce appropriate technical provisions, this provision should be published in its early stages concerned in order to ensure the possibility to become acquainted with it stakeholders or other Contracting Parties; 6.2. with the point of mediation is to be notified to the other Contracting Parties of the products are affected by the proposed technical regulation, adding a brief indication of its objective and rationale. Such notification is required by their respective early stage, when amendments can still be introduced and comments taken into account; 6.3. upon request, the other parties to the draft technical regulation interpretations or copies and, when possible, identify the parts which significantly deviate from relevant international standards; 6.4. without discrimination should be given reasonable time for the other Contracting Parties to provide comments in writing, discuss these on request comments and consider these written comments and the results of the discussions. 6.5. If the discussion result is not taken into account, other Contracting Parties may appeal to the Joint Committee. Article 15 compliance with technical regulations and standards 1. when positive affirmation is required, to facilitate the technical regulations and standards conformity determination, the Contracting Parties are to ensure, whenever possible, that their central government bodies and notified bodies inspection harmonization or equivalence: 1.1 recognize test results, certificates or marks of conformity issued by the relevant authorities of other Contracting Parties; or rely on vendor Declaration of compliance with the other territories of the Contracting Parties; 1.2 even if the test method is different from the same application methods, and if there is a conviction that the methods that are applied to the territory of the exporting Party provides sufficient funds for the conditional to compliance with the relevant technical rules and standards, recognize that may require prior consultations to arrive at a mutually satisfactory understanding regarding the vendor declaration for compliance with the test methods and results, u n certificates or marks of conformity, which are applied in the territory of the exporting Party, in particular in the case of quickly perishable products and products that can be tampered with during transit. 2. The Contracting Parties shall ensure that in cases where the State guarantee on the imported product compliance with technical regulations or standards, the main government bodies and authorized inspection bodies apply the following regulations of the products from the territory of the other Contracting Parties: 2.1 imports should be subject to testing under conditions that do not render any of them, apply local or imported products in similar situations; 2.2. test methods and administrative procedures for imported products may not be a more complex and slower as the appropriate methods and procedures in a similar situation like of local origin or other products; 2.3. all that is required to pay for the imported product testing, must be compared with those of equivalent pay, which are required for a similar local or other country of origin product testing; 2.4. test results should be disclosed by the exporter or importer, or their agents, to request, if necessary, could take corrective action; 2.5. testing and sampling testing needs not to cause unnecessary inconvenience to importers, exporters or their agents; 2.6. the following test the resulting information on imported products privacy must be respected in the same way as local products; 3. Nothing in this article that may not prevent the Contracting Parties from the immediate carrying out checks based on their territory. Article 16 the conformity assessment procedures 1. Contracting Parties shall ensure that conformity assessment procedures are not defined or applied to create obstacles to international trade. Contracting Parties must also ensure that no such conformity assessment procedures, not in themselves the result of their application does not create unnecessary obstacles to international trade. 2. the Contracting Parties shall ensure that conformity assessment procedures are formulated and applied to similar goods originating in the territory of other Contracting Parties, suppliers give access to the conditions that are no less favourable than those which are given similar local goods origin, originating in any other country, suppliers in a similar situation. The contracting parties must make reference to article 6, paragraph 1 of the rules. 3. From the moment when this Treaty enters into force for the Contracting Parties: 3.1 communication is proposed conformity assessment procedures, it should be published early adopted, so as to enable interested parties to become acquainted with it; 3.2. with the point of mediation is to notify the products that affect the proposed conformity assessment procedure, together with a short description of the purpose of conformity assessment procedures; 3.3. on request, without discrimination, must be issued by other Contracting Parties of the proposed conformity assessment procedure details or copies; 3.4. non-discriminatory to allow reasonable time for other Contracting Parties to make written comments about the complete conformity assessment procedure and the action to be consulted upon request, and take these comments into account. 4. Of course, in cases where the Contracting Party incurred immediate safety, health, environmental protection or national security issues, is there a danger of the emergence of this problem, that Contracting Party may withdraw from the steps that are listed in paragraph 3, as it considers necessary, provided that the Contracting Party accepting the conformity assessment procedure: 4.1 to the Point of mediation must immediately notify the other Contracting Parties concerning the specific conformity assessment procedures and their affected items , brief indication of the conformity assessment procedures and the nature of the target, including immediate (-mo) (mu) nature of the problem; 4.2. upon request, without discrimination, must be issued by other Contracting Parties in conformity assessment procedures copies of the rules; 4.3. without discrimination, allow other parties to submit their comments in writing, discuss these comments upon request, and take these written comments and the results of any such discussion. 5. The Contracting Parties shall ensure that are published to all conformity assessment procedures which have been adopted. Article 17 international and regional systems 1. When requested by another positive confirmation of conformity with technical regulations or standards, rather than approval of the supplier, the Contracting Parties shall, where possible, to formulate and adopt international systems for conformity assessment and become members thereof or participate therein. 2. The Contracting Parties shall take such reasonable measures as they are available, to ensure that the conformity assessment of international and regional systems where the relevant institutions within their territories are members or participants comply with the provisions of article 17, paragraph 2, except on the basis of paragraph 3 of this article. In addition, the Contracting Parties may not carry out measures that directly or indirectly affect the requirement or incentive for such systems to operate in such a way that they do not meet any of the conditions laid down in article 17. 3. the Contracting Parties shall take reasonable measures which are available to them to ensure that international or regional conformity assessment systems, and the application of formulation, which according to authorities within their territories are members or participants to a similar product from other suppliers, the territories of the Contracting Parties is guaranteed access under conditions not less favourable as a member of the public, members of the public or any other suppliers from the countries, as well as specific These suppliers are ready and willing to fulfill conditions of the system. Supplier access, of the importing party that is a member or a member of the system, or the system notified authorities in obtaining the certificate of conformity assessment by the rules of the system. Supplier access also includes system label, if any, under conditions not less favourable as a member or a member of the national product suppliers. 4. The Contracting Parties shall ensure that their central government bodies rely on international or regional conformity assessment systems only to the extent that these systems comply with the provisions of article 17 and paragraph 3 of this article. Article 18 support and information about technical regulations, standards and conformity assessment procedures 1. Each Contracting Party shall ensure that there is a demand. The Contracting Parties through diplomatic channels to notify the authorities responsible for technical barriers to trade and sanitary and phytosanitary measures. 2. the Point has to be able to respond to all other Contracting Parties a stakeholder-based questions relating to: 2.1 any technical regulations adopted or proposed within its territory; 2.2. any standards adopted or proposed within its territory; 2.3. any conformity assessment procedures, or proposed conformity assessment procedures, which are operated within its territory; 2.4. in accordance with this contract notice published locations, or information as to where such information can be obtained; 2.5. for the purposes of this article the request referred to in paragraph 3 of point locations; 2.6. the list of products in the list that are subject to compulsory conformity assessment; 2.7. the national accreditation body of the list; 2.8. accredited testing laboratories, certification bodies and inspection list; 2.9. list of companies list, which has a certified quality system; 2.10. information about the accreditation of institutions of the Contracting Parties; 2.11. the information about the relevant supervisory bodies of the Contracting Parties. 3. in accordance with the World Trade Organisation agreement on technical barriers to trade notification forms, notices, Requests must be submitted to the point of the English language. 4. Points must be exchanged immediately a copy of the communication between all parties. 5. The Contracting Parties shall take such reasonable measures as these are likely to ensure that, if the other Contracting Party or parties concerned in other Contracting Parties requesting copies of the documents the provisions of this agreement, they are issued by r the same price (if any), how the contracting parties concerned. 6. The Contracting Parties recognize the desirability of creating a centralized information system, taking into account all technical rules for the preparation, adoption and submission, standards and conformity assessment procedures the territories. Chapter IV institutional and end conditions article 19 institutions 1. Up to this Joint Committee is established, consisting of the Republic of Estonia, the Republic of Latvia and Republic of Lithuania nominated representatives. 2. the implementation of this agreement and will chair will oversee the Joint Committee. 3. In order to be able to enforce this agreement, the Contracting Parties shall exchange information and, at the request of either Contracting Party will hold consultations within the Joint Committee. The Joint Committee will monitor next to cancel the barriers to trade between the Contracting Parties. 4. the Joint Committee is empowered to take decisions in the cases provided for in the contract. In other cases, the Joint Committee may make recommendations. 20. Article 1 of the procedure of the Joint Committee. in order to implement this Agreement fully, the Joint Committee shall meet as necessary but no less than once a year. Any Contracting Party may request the convening of the meeting. 2. The Joint Committee must act on the basis of common agreement. 3. If the Contracting Parties by the Joint Committee, a representative of the reconciliation with the opposition, has accepted the decision of the internal legal requirements, then this decision should take effect on the day when the opposition is notified of the cancellation, if the decision is not mentioned in any later date. 4. With a view to enforce this agreement, the Joint Committee shall establish its internal rules of procedure which shall, inter alia, contains provisions on the convening of meetings, the appointment of the Manager and his/her as the term of Office. 5. the Joint Committee may decide to set up such subcommittees and working groups as it deems necessary, to participate in the fulfilment of its tasks. 6. by paragraphs 2 and 3 in the procedure provided for the enforcement of this agreement, the Joint Committee shall inform the Joint Committee of the agreement. Article 21 obligations 1. The Contracting Parties shall take all necessary measures to ensure implementation of the provisions of this agreement and the provisions of the Treaty. 2. If either Contracting Party considers that the other Contracting Party has failed to fulfil any of the obligations in this agreement, the Contracting Party concerned, after consultation within the Joint Committee is empowered to take appropriate measures as set out in this agreement and in accordance with the provisions of article 20. 3. If the Joint Committee on the contentious question fail to reach a common point of view, it must submit the agreement to the Joint Committee with the relevant information to decide on response measures, in accordance with the provisions of this agreement. Article 22 the last condition for the Government of the Republic of Latvia shall act as the depositary of this agreement. Article 23 entry into force of the Treaty, Contracting Parties must be notified in writing to the depositary, compliance with the relevant national constitutional requirements necessary for this agreement to enter into force in the countries concerned. This agreement shall enter into force on the first day of the second month of the moment from all Contracting Parties of the receipt of the last notification. Article 24 contract period and termination 1. This agreement is concluded for an unlimited period. 2. Each Contracting Party may terminate this agreement by written notification to the depositary. The agreement shall cease to have effect six months after the depositary has informed all Contracting Parties of any such notification received. Affirming that this agreement is signed by duly authorized representatives of the Contracting Parties. Contract concluded in Riga, one thousand nine hundred and ninety-seventh year on November 20, in one original Latvian, Estonian, Lithuanian and English. In the case of disagreement in the interpretation of this agreement on the basis of the English text.
The Republic of Latvia, the Republic of Estonia Republic of Lithuania At the Sausnīt, Jakk Leiman, vinca Babli, economic Minister of Economy Minister economy Minister of the memorandum of understanding between the Republic of Latvia, the Republic of Estonia and the Republic of Lithuania to the Treaty on the non-tariff barriers to trade in the Appropriate and effective implementation of the agreement, the Contracting Parties agreed to the following notes: 1. paragraph 6 of article 20 of this agreement means that the Joint Committee on the implementation of this agreement in writing to inform the authorities of the Contracting Parties responsible for managing the Joint Committee of the Agreement. 2. Article 21, paragraph 3 "response measures" can include all kinds of measures which are in accordance with the 1993 signed on 13 September in the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania on the free trade agreement, article 16, as well as under 16 June 1996 signed in the Republic of Estonia, the Republic of Latvia and Republic of Lithuania agreement on free trade in agricultural products article 21.

Agreement on the Abolition of Non-Tariff barriers to trade between the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania preamble-the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania, hereinafter referred to as "the parties", whereas the parties recognis that the ultimate objective of the parties is to become members of the European Union; Whereas the parties acknowledg the need for improving regional co-operation among the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania, taking into account that closer integration between the European Union and the parties, and the parties among themselves should proceed in parallel; RECOGNISING that the removal of the remaining trade between them removes the parties call for concerted action in order to guarantee steady expansion of trade and fair competition; (MENU RNGTON LINE4) to ensur that technical regulations and standards, including packaging, marking and labelling requirements and conformity assessment procedures with technical regulations and standards do not create unnecessary removes their trade between the parties; (MENU RNGTON LINE4) to guarantee the sanitary and phytosanitary measure-you do not create a disguised restriction to trade; To strengthen their economies ANXIO and it is their harmonio to ensur development by reducing the difference between the existing of various eras and the backwardnes of the less favoured regions; HAVING REGARD to the free trade agreement between the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania signed on 13 September 1993, and to the free trade agreement between the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania on trade in Agricultural products, signed on 16 June 1996, hereinafter referred to as "agreements"; INTENDING to develop and deepen the Baltic free trade area between the parties by abolishing all remaining it removes the free movement of goods. RECOGNISING their desire to become members of the World Trade Organisation, Hereby agree as follows: CHAPTER I GENERAL PROVISION article 1 OBJECTIVE the objective of this agreement are: 1. To abolish the non-tariff barriers to trade between the parties. 2. To develop and deepen the free trade area between the parties. Article 2 scope this Agreement shall apply to products falling within Chapter 01 it 97 of the Harmonised Commodity Description and Coding System, originating in the parties, which is subject of the agreements. Article 3 DEFINITION of Non-tariff barriers shall mean all forms of action which may be taken by, or with the authority of the State; legislation, by-laws, the administrative practice of any public authority, or interdict for injunction pronounced by courts, and the rules promulgated by professional regulatory bodies which are capable of hindering directly or indirectly, actually or potentially, trade between the parties. Sanitary or phytosanitary measure shall mean any measure applied: (a) to protect animal or plant) life or health within the territory of a Party from the risks arising from the entry, establishment or spread of salvation, diseases, disease carrying organisms or disease-causing organisms; (b) to protect human or animal) life or health within the territory of a Party from the risks arising from additives, contaminant, toxin or disease-causing organisms in foods, beverages or feedstuff; (c) to protect human life) or health within the territory of a Party from the risks arising from diseases carried by animals, plants or products thereof, or from the entry, establishment or spread of salvation; or (d)) to prevent or limit other damage within the territory of a Party from the entry, establishment or spread of salvation. Such measure shall include all of the relevant law, Decree, regulations, requirements and procedures including inter alia end product criteria; processes and production methods; testing and inspection, certification and approval procedures; quarantine treatments including relevant requirements associated with the transport of animals or plants, or with the materials not for their survival during transport cessary; provision on relevant statistical methods, sampling procedures and methods of risk assessment; and packaging and labelling requirements directly related to food safety. Harmonisation shall mean the establishment, recognition and application of sanitary and phytosanitary measure equivalent and technical regulations by the parties. Technical regulations shall mean (a) a document which lay down product characteristics or their related processes and production methods, including the applicable administrative provision, with which compliance is mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a product, process or production method. Standard shall mean a document approved by a recognised standardisation body, that provides, for common and repeated use, rules, guidelines or characteristics for products or related processes and production methods with which compliance is not mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a product, process or production method. Conformity assessment procedure shall mean any procedure used, directly or indirectly, to determin that relevant requirements in technical regulations or standards are fulfilled. The article 4 EXCEPTION to the provision of this Agreement shall not preclud a prohibition or restriction on imports, exports or goods in transit justified on grounds of the objective of a legitimat such as national security requirements, the prevention of deceptiv practices; the protection of human health or safety, animal or plant life or health or the environment. Such prohibition or restriction shall not, however, be a means of constitut arbitrary discrimination or a disguised restriction on trade between the parties. Article 6 ABOLITION OF NON-TARIFF barriers 1. All existing non-tariff barriers to trade which are not consistent with the provision of this agreement, and with the in force between the parties, shall be abolished upon the entry into force of this agreement. 2. From the new non-tariff barriers to trade which are inconsistent with the provision of this Agreement shall be introduced by the parties from the date of entry into force of this agreement. Article 6 APPLICATION OF NATIONAL REGULATIONS AND basis FOR MUTUAL RECOGNITION 1. Once goods have been lawfully produced and marketed in one Party in accordanc with International and European standards and European Community regulations, the sale of such products may not be subject to legal prohibition in another Party and these goods shall be admitted into the other Party without restriction , except in cases described in article 4 of this agreement. 2. In case national regulations applied by one of the parties find more restrictive requirements than of those defined by International and European standard and European Community regulations, it removes the free movement of goods which are the consequences of applying, it goods originating in another Party where lawfully manufactured and marketed ut300r2u, rules that lay down requirements to be met by such goods (relating to designation , form, size, weight, composition, presentation, labelling, packaging etc.). non-tariff barriers constitut prohibited by the present agreement. 3. In the absence of harmonisation of legislation with International and European standards and European Community regulations or in a case of more restrictive national requirements, equivalenc of different requirements for the goods shall be established by the procedure agreed between the parties. Approval of the equivalenc shall be the responsibility of the Joint Committee. 4. the Parties shall recognis suppliers ' declarations of conformity, approval of testing and certification bodies issued and operating according to the relevant European and International standards issued by the relevant European and International standards bodies. 5. the Parties shall recognis National Accreditation systems according to the European standard series EN 45000 in of the other parties. SANITARY AND PHYTOSANITARY MEASURE II of CHAPTER article 7 GENERAL principles this agreement applies to all sanitary and phytosanitary measure which directly or indirectly, of the trade between affec the parties. Such measure shall be developed for and applied in accordanc with the provision of this agreement. Article 8 of the BASIC RIGHTS AND OBLIGATIONS of the parties have the right to take sanitary and phytosanitary measure not cessary for the protection of human, animal or plant life or health, provided that such measure's not inconsistent with the provision of this agreement. The Parties shall ensur that any sanitary or phytosanitary measure is applied only to the exten the cessary to not protect human, animal or plant life or health, is based on scientific principles and is not maintained without sufficient scientific evidence, except to be as provided for in paragraph 7 of article 11. The Parties shall ensur that their sanitary and phytosanitary measure do not arbitrarily or unjustifiably the discriminat between the parties where identical or similar conditions prevails, including between their own territory and that of the other parties. Sanitary and phytosanitary measure shall not be applied for in a manner which would a disguised restriction on the constitut international trade. Article 9 of The HARMONISATION 1. sanitary phytosanitary measure harmonis and on sharp wide a basis as possible, the Parties shall base their sanitary or phytosanitary measure on international standards, guidelines and recommendations developed by the relevant international organisations, including the Codex Alimentarius Commission, the International Office of Epizootics, the relevant international and regional organisations operating within the framework of the International Plant Protection Convention and European Community regulations , guidelines or recommendations, where they exist, European standards, except as otherwise provided for in this agreement, and in particular in paragraph 3 of this article. Sanitary or phytosanitary measure of 2 which conform to international standards, guidelines or recommendations developed by the relevant international organisations, including the Codex Alimentarius Commission, the International Office of Epizootics, the relevant international and regional organisations operating within the framework of the International Plant Protection Convention, the European Community regulations shall be deemed to be not to protect human, animal cessary or plant life or health , and presumed to be consistent with the relevant provision of this agreement. 3. The parties may introduce or maintain sanitary or phytosanitary measure of which result in a higher level of sanitary or phytosanitary protection than would be achieved by measure-based on the relevant international standards, guidelines or recommendations developed by the relevant international organisations, including the Codex Alimentarius Commission, the International Office of Epizootics, the relevant international and regional organisations operating within the framework of the International Plant Protection Convention and European Community regulations , if there is a scientific justification, or as a consequences of the level of sanitary or phytosanitary protection a Party to be appropriate of determin in accordanc with the relevant provision of paragraphs 1 through 8 of article 11. Notwithstanding the above, all of which measure result in a level of sanitary or phytosanitary protection different from that which would be achieved by measure of international standards based on , guidelines or recommendations developed by the relevant international organisations, including the Codex Alimentarius Commission, the International Office of Epizootics, the relevant international and regional organisations operating within the framework of the International Plant Protection Convention and European Community regulations shall not be inconsistent with any other provision of this agreement. 4. The Parties shall play a full part, within the limits of their resources, in the relevant international organisations and their subsidiary bodies, in particular the Codex Alimentarius Commission, the International Office of Epizootics, and the international and regional organisations operating within the framework of the International Plant Protection Convention, to promote within these organisations the development and periodic review of standards , guidelines and recommendations with respect to all aspects of sanitary and phytosanitary measure. Article 10 EQUIVALENC 1. The Parties shall accept the sanitary or phytosanitary measure of other parties as equivalent, even if these differ from their own or of a measure from those used by other parties trading in the same product, if the exporting Party objectively demonstrates to the importing Party that its measure of achieve the importing Party's appropriate level of sanitary or phytosanitary protection. For this purpose, reasonable access shall be given, upon request, to the importing Party for inspection, testing and other relevant procedures. 2. The Parties shall, upon request, enter into consultation in the Joint Committee, with the aim of achieving agreement on recognition of the sanitary or phytosanitary equivalenc of specified measure. Article 11 assessment OF RISK AND DETERMINATION OF the appropriate LEVEL OF SANITARY OR PHYTOSANITARY PROTECTION 1. The Parties shall assuras that with their sanitary or phytosanitary measure based on an assessment, as appropriate to the risk, of the circumstanc to human, animal or plant life or health, taking into account risk assessment techniques developed by the relevant international organisations. 2. In the assessment of risk, the Parties shall take into account the available scientific evidence; relevant processes and production methods; relevant inspection, sampling and testing methods; the prevalence of specific diseases or Salvation; existenc of pest-free or disease-free areas; relevant ecological and environmental conditions; and quarantine or other treatment. 3. In assessing the risk to animal or plant life or health and determining the measure to be applied for achieving the appropriate level of sanitary or phytosanitary protection from such risk, the Parties shall take into account as relevant economic factors: the potential damage in terms of loss of production or sales in the event of the entry, establishment or spread of a pest or disease; the costs of control or eradication in the territory of the importing Party; and the relative cost-effectiveness of alternative approaches to limiting risks. 4. The parties should, when determining the appropriate level of sanitary or phytosanitary protection, take into account the objective of minimising negative trade effects. 5. With the objective of achieving consistency in the application of the concept of appropriate level of sanitary or phytosanitary protection against risks to human life or health, or to animal and plant life or health, each Party shall avoid arbitrary or unjustifiabl of distinction in the level it consider to be appropriate in different situation, if such a distinction result in discrimination or a disguised restriction on intra-Baltic trade. 6. Without prejudice to paragraph 2 of article 9, when establishing or maintaining sanitary or phytosanitary measure to achieve the appropriate level of sanitary or phytosanitary protection, the Parties shall ensur that such measure of not more trade-restrictive than required to achieve their appropriate level of sanitary or phytosanitary protection, taking of into account technical and economic feasibility. 7. In cases where relevant scientific evidence is insufficient, a Party may provisionally be sanitary or phytosanitary measure adop on the basis of available information, including pertinen that from the relevant international organisations as well as from sanitary or phytosanitary measure applied by the other parties. In such circumstanc, the Parties shall seek to obtain the additional information not cessary for a more objective assessment of risk and review the sanitary or phytosanitary measure accordingly within a reasonable period of time. 8. When a Party has reason to believe that a specific sanitary or phytosanitary measure introduced or maintained by another Party is constraining, or has the potential to constraint, its exports, and the measure is not based on the relevant international standards, guidelines or recommendations, or such standards, guidelines or recommendations do not exist, an explanation of the reasons for such sanitary or phytosanitary measure may be requested and shall be provided by the Party maintaining the measure. Article 12 TRANSPARENCY AND NOTIFICATION ON SANITARY AND PHYTOSANITARY MEASURE procedures 1. The Parties shall notify changes in their sanitary or phytosanitary measure of at least 1 (one) month before their introduction and shall provide information on their sanitary or phytosanitary measure in accordanc with the provision of this article. 2. The Parties shall ensur that all sanitary and phytosanitary regulations which have been adopted are published promptly in such a manner as to enable interested parties to become acquainted with them. 3. Except in urgent circumstanc, the Parties shall allow a reasonable interval between the publication of a sanitary or phytosanitary regulation and its entry into force in order to allow time for the exporting producer in Parts to adap the their products and methods of production to the requirements of the importing Party. 4. Each Party shall ensur that one Enquiry point exists which is responsible for the provision of answers to all reasonable questions from interested parties as well as for the provision of relevant documents regarding: any sanitary or phytosanitary 4.1 regulations adopted or proposed within its territory; 4.2. any control and inspection procedures, production and quarantine treatment, pesticide tolerance and food additives is operated within the approval procedure in the territory; 4.3. risk assessment procedures, factors taken into considerations, as well as the determination of the appropriate level of sanitary or phytosanitary protection; 4.4. the location of the Enquiry points. 5. the Parties shall take such reasonable measure axis may be available to them to ensur that where documents are the basis of the cop requested by other parties, or by interested parties in other parties in accordanc with the provision of this agreement, they are supplied at the same price (if any) as to the nationals of the Party concerned. 6. Whenever an international standard, guideline or recommendations do not exist or the content of a proposed sanitary or phytosanitary regulation is not substantially the same as the content of an international standard, guideline or recommendations, and if the regulation may have a significant effect on trade of other parties, the Parties shall: (a) publish notice 6.1. at an early stage at least 2 (two) months before the foreseen adoption of such regulations in such a manner as to enable interested parties to become acquainted with the proposal to introduce a particular regulation; 6.2. notify the other parties, through the Enquiry points, of the products to be covered by the regulation together with a brief indication of the objective and rational of the proposed regulations. Such notifications shall take place at an early stage, when amendments can still be introduced and comments taken into account; 6.3. upon request the others provide Parties to the cop of the proposed regulation and, whenever possible, identify the parts which in substance deviat from international standards, guidelines or recommendations; 6.4. without discrimination, allow reasonable time for other parties to make comments in writing, discuss these comments upon request, and take the comments and the results of the discussions into account. 6.5. in case the results of the discussions are not taken into account, other parties may appeal to the Joint Committee. 7. However, where urgent problems of health protection «arise or threaten their «arise for a Party, that Party may omi the steps enumerated in paragraph 5 of this article as it does not find, provided that the cessary Party: 7.1 immediately to other parties, through the notifu the Enquiry points of the particular regulation and the products covered, with a brief indication of the objective and the rational of the regulations , including the nature of the urgent problem (s); 7.2., upon request, provides the cop of the regulation to the other parties; 7.3. allows other parties to make comments in writing, discuss these comments upon request of, and take the comments and the results of the discussions into account. 8. Notifications to the Enquiry points shall be in English according to the Notification form provided for the Agreement on Sanitary and Phytosanitary Measure of the World Trade Organisation. CHAPTER III TECHNICAL BARRIER TO trade article 13 GENERAL PROVISION 1. General term for standardisation and certification shall normally have the meaning given to them by definition is adopted within the United Nations system and by international standardising bodies taking into account their context and in the light of the object and purpose of this agreement. 2. All references in this agreement to technical regulations, standards, methods for assuring conformity with technical regulations or standards and certification systems shall be construed to include any amendments and additions to any of their theret the rules or the product coverage thereof, except amendments and additions to be of an insignifican the nature. Article 14 TECHNICAL REGULATIONS AND standards 1. Parties shall ensur that technical regulations and standards are not prepared, adopted or applied with a view to creating a removes their trade. Furthermore, products imported from the territory of any Party shall be accorded treatment from less than that accorded the favourabl like products of national origin and to like products originating in any other Party in relations to such technical regulations or standards. 2. Where the technical regulations or standards are required and relevant international standards exist or their completion is imminen, the Parties shall use them, or the relevant parts of them, as a basis for the technical regulations or standards except where, as duly explained upon request, such international standards or relevant parts are inappropriate for the parties concerned, for inter alia such reasons as national security requirements; the prevention of deceptiv practices; protection for human health or safety, animal or plant life or health, or the environment; fundamental climatic or other location factors; fundamental technological problems. 3. Wherever appropriate, the Parties shall specify technical regulations and standards in terms of performance rather than design or descriptive characteristics of. 4. The Parties shall ensur that national standardisation bodies accept and comply with the code of Good practice for the Preparation, Adoption and Application of standards in accordanc with the World Trade Organisation agreement on Technical barriers to trade. 5. The Parties shall notify changes in their technical regulations and standards at least 1 (one) month before their introduction and shall provide information on their technical regulations and standards in accordanc with the provision of this article. 6. Whenever a relevant international standard does not exist or the technical content of a proposed technical regulation is not in accordanc with the technical content of relevant international standards, and if the technical regulation may have a significant effect on trade of other parties, the Parties shall: (a) publish notice 6.1 at an early appropriate stage, at least 2 (two) months before the adoption of such regulations is that they introduce it proposes a particular technical regulation; It shall be published in such manner as to enable interested parties in other parties to become acquainted with it; 6.2. notify other parties through the Enquiry points of the products to be covered by the proposed technical regulation, together with a brief indication of its objective and rational. Such notifications shall take place at an early appropriate stage, when amendments can still be introduced and comments taken into account; 6.3. upon request, provide to other parties or to the particular cop of the proposed technical regulation and, whenever possible, identify the parts which in substance deviat from relevant international standards; 6.4. without discrimination, allow reasonable time for other parties to make comments in writing, discuss these comments upon request, and take these written comments and the results of these discussions into account. 6.5. in case the results of the discussions are not taken into account, other parties may appeal to the Joint Committee. Article 15 regulations AND CONFORMITY WITH TECHNICAL standards 1. In order to facilitat determination of conformity with the technical regulations and standards where such positive assurance is required, the Parties shall, whenever possible ensur that their central government bodies and institutions in an inspection or equivalent harmonised area: 1.1 accept test results, certificates or marks of conformity issued by the relevant bodies in the territories of the other parties; or rely upon the suppliers ' declaration of conformity in the territories of the other parties; 1.2. accept test results even when the test method will differ from their own, provided they are satisfied that the methods employed in the territory of the exporting Party provides a sufficient means of determining the conformity with the relevant technical regulations or standards. It is recognised that prior consultation may be not in order the cessary Arriva at a mutually satisfactory understanding regarding suppliers ' declaration of conformity, test methods and results, and mark of conformity certificates or employed in the territory of the exporting Party, in particular in the case of perishables products or of other products which are liabl to deteriorat in transit. 2. The Parties shall ensur that, in the case where a positive assurance is required by the State that imported products conform with technical regulations or standards, central government bodies and institutions apply an inspection the following provision to products originating in the territories of the other parties: 2.1 shall be accepted for imported products testing under conditions of less than those accorded favourabl it like domestic or imported products in a comparabl is situation; 2.2. the test methods and administrative procedures for imported products shall be of the more complex and less than from the òàæó method of expeditio and procedures, in a situation like a comparabl for products of national origin or originating in any other country; 2.3. any fees imposed for testing imported products shall be equitable in relations to any fees chargeabl for testing like products of national origin or originating in any other country; 2.4. the results of the test shall be made available to the exporters or importers or their agents, if requested, so that action may be taken if correctiv not cessary; 2.5. the siting of testing facilities and the selection of the sample for testing shall not be such as to cause unnecessary inconvenienc for importers, exporters or their agents; 2.6. the confidentiality of information about imported products arising from or supplied in connection with such test shall be respected in the same way as for domestic products. 3. Nothing in this article shall prevent the parties from carrying out reasonable spot check in within their territories. Article 16 CONFORMITY assessment procedures 1. Parties shall ensur that conformity assessment procedures are not formulated or applied with a view to creating a removes their international trade. They shall ensur that the likewis not such conformity assessment procedures ither themselves, nor their application, have the effect of creating unnecessary removes their international trade. 2. The Parties shall ensur that conformity assessment procedure with the formulated and applied so as to grant access for suppliers of like products originating in the territories of other parties under conditions of less than those accorded to favourabl suppliers of like products of national origin or originating in any other country. The Parties shall make reference to the provision of article 6 paragraph 1.3. Parties shall, from the date of entry into force of the present agreement: 3.1. publish a notice at an early appropriate stage, that they (a) proposes to introduce conformity assessment procedure; It shall be published in such a manner as to enable interested parties to become acquainted with it; 3.2. notify the Enquiry points of the products to be covered by the proposed conformity assessment procedure together with a brief description of the objective of the proposed conformity assessment procedure; 3.3 upon request provide, without discrimination, to other parties or cop in particular of the rules of the proposed conformity assessment procedure; 3.4., without discrimination, allow reasonable time for other parties to make comments in writing on the formulation and operation of the conformity assessment procedure, discuss the comments upon request and take them into account. 4. However, where urgent problems of safety, health, environmental protection or national security «arise or threaten their «arise for a Party, that Party may be omi such of the steps enumerated in paragraph 3 as it finds that the cessary not provided Party, upon adoption of the conformity assessment procedure, shall: 4.1. notify the other parties immediately through the Enquiry points of the particular conformity assessment procedure and the products covered , with a brief indication of the objective and the rational of the conformity assessment including the nature of the urgent problem (s); 4.2. upon request provide, without discrimination, other parties with cop out of the rules of the conformity assessment procedure; 4.3., without discrimination, allow other parties to present their comments in writing, discuss these comments upon request and take the written comments and the results of any such discussion into account. 5. The Parties shall ensur that all adopted rules of conformity assessment procedure are published. Article 17 INTERNATIONAL AND REGIONAL systems 1. Where a positive assurance, other than by the suppliers of the technical regulations or conformity with a standard is required, the Parties shall, wherever, practicabl and the adop formulat international systems for conformity assessment and become members thereof or therein the participat. 2. the Parties shall take such reasonable measure axis may be available to them to ensur that international and regional systems for conformity assessment in which relevant bodies within their territories to members or participants comply with the provision of article 16, with the exception of paragraph 2 having regard to the provision of this article, paragraph 3. In addition, the Parties shall not take any measure of which have the effect of, directly or indirectly, requiring or encouraging such systems to act in a manner inconsistent with any of the provision of article 16 3. Parties shall take such reasonable measure axis may be available to them to ensur that international and regional conformity assessment systems, in which relevant bodies within their territories are members or participants is formulated and applied, so as to grant access for suppliers of like products originating in the territories of other parties, under conditions of less than those accorded to favourabl suppliers of like products originating in a member country, a participant in the country or in any other country, including the determination that such suppliers with able and willing to fulfil the requirements of the system. Access for obtaining ISO certification of the suppliers from an importing Party which is a member of or participant in the system, or from a body authorised by the system conformity assessment, the grant under the rules of the system. Access for suppliers also includes receiving the mark of the system, if any, under conditions of less than those accorded to favourabl suppliers of like products originating in a member country or a participant in the country. 4. the Parties shall ensur that their central government bodies rely on conformity assessment for international or regional systems only to the exten that the systems to comply with the provision of article 16 and this article, paragraph 3 article 18 INFORMATION AND assistance ON TECHNICAL regulations, standards AND CONFORMITY assessment procedures 1. Each Party shall ensur that an Enquiry point exists. The Parties shall notify by diplomatic channels institutions responsible for notifications of technical barriers to trade and sanitary and phytosanitary measure. 2. An Enquiry point shall be able to answer all reasonable enquiries from interested parties in other parties regarding any technical regulations 2.1: adopted or proposed within its territory; 2.2. any standards adopted or proposed within its territory; 2.3. any conformity assessment procedures, or proposed conformity assessment procedures, which are operated within its territory; 2.4. the location of notices published pursuan to this agreement, or the provision of information as to where such information can be obtained; 2.5. the location of the Enquiry point (s) mentioned in this article, paragraph 3.2.6. lists of the products subject to mandatory conformity assessment; 2.7. list of national accreditation institutions; 2.8. the lists of the accredited testing laboratories, certification and inspection of institutions; 2.9. the lists of enterprises whose quality systems have been certified; 2.10. information on accreditation bodies in the parties; 2.11. the information on òàæó surveillance institutions in the parties. 3. Notifications to the Enquiry points shall be in English according to the Notification form provided for the agreement on Technical barriers to trade of the World Trade Organisation. 4. The Enquiry points shall promptly circulate to the cop of the notifications to all parties. 5. the Parties shall take such reasonable measure axis may be available to them to ensur that where documents are the basis of the cop requested by other parties, or by interested parties in other parties in accordanc with the provision of this agreement, they are supplied at the same price (if any) as to the a national of the Party concerned. 6. Parties recognis the desirability of developing centralised information systems with respect to the preparation, adoption and application of all technical regulations, standards and conformity assessment procedures within their territories. CHAPTER IV INSTITUTIONAL AND FINAL PROVISION article 19 institutions 1. The Joint Committee is hereby established and shall be appointed by consis of representatives of the Governments of the Republic of Latvia, the Republic of Estonia and the Republic of Lithuania. 2. The implementation of this Agreement shall be supervised and administrated by the Joint Committee. 3. For the purpose of the proper implementation of this agreement, the Parties shall exchange information and, upon request of any Party, shall hold a consultation within the Joint Committee. The Joint Committee shall keep under review the possibility of further removal of the it trade between removes the parties. 4. The Joint Committee may take decisions in the cases provided for in this agreement. On other matters, the Joint Committee may make recommendations. Article 20 the PROCEDURE OF the Joint Committee 1 For the proper implementation of this agreement the Joint Committee shall meet whenever at least cessary but not once a year. Each Party may request that a meeting be held. 2. The Joint Committee shall act by common agreement. 3. If a representative in the Joint Committee of a Party has, under the reservation, accepted a decision subject to the fulfilmen of internal legal requirements, the decision shall enter into force, if the data is from the later led therein, on the day of the lifting of the reservation is notified. 4. For the purpose of this agreement the Joint Committee shall adop a its rules of procedure which shall contain, inter alia, provision for convening meetings and for the designation of the Chairman and his/her term of Office. 5. The Joint Committee may decide to set up such working groups as subcommitte and it does not consider to assist it in accomplishing the cessary it task. 6. The Joint Committee of this agreement will inform the Joint Committee of the agreements after the fulfilmen of the procedure established in paragraphs 2 and 3 article 21 dispute settlement 1. The Parties shall take all measure to ensur cessary not the implementation of the provision of this agreement and the fulfilmen of the Obligation of this agreement. 2. If one Party consider that another Party has failed to fulfil any of the obligations arising from this agreement is, the Party concerned may submit the dispute for consultation in the Joint Committee under the conditions and according to the provision of article 20 of this agreement. 3. If the Joint Committee is unable to reach common consent on the dispute it shall present relevant information to the Joint Committee of the agreements, to decide on retaliatory measure according to the of the provision of the agreements. Article 22 FINAL PROVISION for the Government of the Republic of Latvia shall act as the Depository for this agreement. Article 23 ENTRY INTO FORCE, the Parties shall notify the Depository in writing when the constitutional requirements do not give it effect the cessary this agreement in their respectiv in States have been complied with. This agreement shall enter into force on the first day of the second month after the last notifications have been received from all parties. Article 24 VALIDITY AND TERMINATION 1. This agreement is concluded for an unlimited period of time. 2. Any Party may renounc this agreement by means of a written notification to the Depository. This agreement shall cease to be in force six months after the date on which the Depository has informed all parties about the receipt of such notification. In WITNESS WHEREOF the undersigned, being duly authorised plenipotentiar to theret, have signed this agreement. Done at this 20th day of November one thousand nine hundred and ninety-seven, in one original, in the Estonian, Latvian, Lithuanian and the English language. In a case of differing interpretation, the English text shall prevails.
For the Republic of Latvia For the Republic of Estonia For the Republic of Lithuania of the memorandum of Understanding on the agreement on the Abolition of Non-Tariff barriers to trade between the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania For the purpose of proper and effective implementation of the agreement the parties agreed the following explanatory notes 1. Article 20 paragraph 6 has the meaning that the Joint Committee of the present agreement in written form will notify institutions of the parties responsible for administration of the Joint Committee of the agreements on the implementation of the present agreement. 2. Article 21 paragraph 3 "retaliatory measure" may be consis of all measure-according to the article 26 of the free trade agreement between the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania signed on 13 September 1993, and to the article 21 of the free trade agreement between the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania on trade in Agricultural products, signed on 16 June , 1996.